WVC 8-29B-1
§8-29B-1. Legislative findings and purpose.
The Legislature hereby finds and declares that there is an
ever increasing need to eliminate the highjacking of aircraft, air
piracy and other criminal and terrorist activities involving air
passengers, airport personnel, aircraft and airport property and
facilities. This article is enacted in view of this finding and
the purpose of this article is to facilitate the providing of
airport security.

WVC 8-29B-2
§8-29B-2. Definitions.
As used in this article:

(1) "Aircraft" means any contrivance now known, or hereafter
invented, and used for flight in the air and which is operated by
an air carrier holding a certificate issued by the civil
aeronautics board of the department of transportation of the United
States.

(2) "Airport" means any area of land or water which is used,
or intended for use, for the landing and takeoff of aircraft, as
defined above, and any appurtenant areas which are used, or
intended for use, for airport buildings or other airport facilities
or rights-of-way, together with all airport buildings and
facilities located thereon.

(3) "Airport operator" means a governing body, regional
airport authority or county airport authority, under articles
twenty-eight, twenty-nine or twenty-nine-a of this chapter, or a
board, commission, authority or committee operating under any local
act of the Legislature, charged with the operation and management
of an airport.

(4) "Airport police officer" means any individual assigned,
appointed or designated by an airport operator, to serve as a
police officer at an airport.

WVC 8-29B-3
§8-29B-3. Rules and regulations; penalties.
Each airport operator shall have plenary power and authority
to manage and control the airport under its jurisdiction, to
promulgate rules and regulations concerning the management and
control of such airport and to enforce any such rules and
regulations so promulgated. Any rules and regulations promulgated
shall be printed and posted in a conspicuous public place on the
airport premises. The violation of any such rule or regulation
shall constitute a misdemeanor, and any person convicted of any
such violation shall be punished by a fine of not less than five
dollars nor more than one hundred dollars or by imprisonment in
jail for a period not exceeding thirty days, or by both such fine
and imprisonment. Justices of the peace of the county shall have
concurrent jurisdiction with the circuit court and other courts of
record having criminal jurisdiction of any misdemeanor offenses
arising under this article. Violation of any such rule or
regulation which also constitutes the violation of any federal or
state law or municipal ordinance may be prosecuted and punished as
a violation of such federal or state law or municipal ordinance
rather than under the provisions of this article. It shall be the
duty of every airport operator in this state to promulgate all
rules and regulations deemed necessary for airport security.

WVC 8-29B-4
§8-29B-4. Arrangements for airport police officers; uniform and
badge; firearm required.
(a) To enforce any federal or state law or rules and
regulations relating to airports and airport security and any rules
and regulations promulgated by the airport operator, to protect air
passengers, airport personnel, aircraft and the airport and to
preserve law and order in connection therewith, the airport
operator shall have plenary power and authority to make
arrangements for one or more airport police officers, pursuant to
the provisions of subsections (b) and (c) of this section.

(b) In those instances in which the airport operator is the
governing body of a municipality, and if requested by such airport
operator, one or more police officers of such municipality shall be
assigned by the mayor thereof to serve as an airport police officer
or officers. In those instances in which the airport operator is
the governing body of a county or is a county airport authority,
and if requested by such airport operator, one or more deputy
sheriffs of such county may be assigned by the sheriff of such
county, in his discretion, to serve as airport police officer or
officers. Compensation for the performance of duties by any such
officer assigned as an airport police officer shall be paid as
agreed between the airport operator and the mayor or sheriff, as
the case may be.

(c) In lieu of or in addition to obtaining one or more airport
police officers pursuant to the provisions of subsection (b) of this section and in all instances in which the airport operator is
other than as specified in said subsection (b), the airport
operator may provide for the appointment and supervision of, or
contract for the furnishing by any private security force and the
designation by such airport operator of, one or more airport police
officers, and pay the agreed compensation thereto or therefor. Any
person appointed or designated as an airport police officer
pursuant to the provisions of this subsection (c) shall, before
entering upon the performance of his duties, qualify in the same
manner as is required of a constable by the taking and filing of an
oath of office as required by article one, chapter six of this code
and by the filing of an official bond as required by article two of
said chapter six.

(d) The airport operator may terminate the assignment of an
airport police officer assigned pursuant to the provisions of
subsection (b) of this section by notice to the mayor or sheriff,
as the case may be, who made the assignment, and the airport
operator may relieve any person appointed or designated, pursuant
to the provisions of subsection (c) of this section, from his duty
as an airport police officer, by filing a notice to such effect in
the office in which such person's oath of office as an airport
police officer was officially filed.

(e) The airport operator shall specify a uniform, badge or
other indicia of authority to be worn by all airport police
officers while on duty: Provided, That as to any airport police officer who is either a municipal police officer or deputy sheriff,
the uniform, badge or other indicia of authority specified shall be
the uniform, badge or other indicia of authority worn by such
individual as a municipal police officer or deputy sheriff, as the
case may be.

(f) Every airport police officer shall be trained in the use
of firearms and shall, unless otherwise provided by rules and
regulations promulgated by the airport operator, carry a firearm at
all times while on duty.

WVC 8-29B-5
§8-29B-5. Jurisdiction of airport police officers; insurance
coverage; bonds.
In any area under the jurisdiction and control of the airport
operator, or in connection with the airport, or in pursuit of one
or more individuals therefrom, any airport police officer shall
have (1) all of the power and authority which a regularly appointed
deputy sheriff of a county in this state has in enforcing the
criminal laws of this state; (2) full power and authority to
enforce any and all federal laws and rules and regulations relating
to airports, air passengers, baggage inspection, the screening of
air passengers and other airport security measures; (3) full power
and authority to enforce any and all rules and regulations
promulgated by the airport operator; and (4) the power to search
persons, packages, containers and baggage and the power to arrest
persons: Provided, That the foregoing provisions of this section
shall under no circumstances whatever be construed as in any way
limiting the power and authority of a municipal police officer or
deputy sheriff who has been assigned to serve as an airport police
officer which he has by virtue of his being a municipal police
officer or deputy sheriff, and under no circumstances whatever
shall the assignment or appointment or designation of one or more
airport police officers at an airport be deemed in any way to
supersede or limit the power and authority of other peace officers
to preserve law and order at such airport.

Consistent with the provisions of section five, article seven, chapter sixty-one of this code, any municipal police officer or
deputy sheriff assigned as an airport police officer pursuant to
the provisions of subsection (b), section four of this article, and
(notwithstanding any provision of this code to the contrary) any
person appointed or designated as an airport police officer
pursuant to the provisions of subsection (c), section four of this
article, shall not be required to obtain a state license to carry
a deadly weapon, as provided for in section two, article seven of
said chapter sixty-one. Any municipal police officer or deputy
sheriff assigned as an airport police officer pursuant to the
provisions of subsection (b), section four of this article shall
not be required to furnish any bond under section five, article
seven of said chapter sixty-one other than the bond furnished
thereunder as such municipal police officer or deputy sheriff.
When one or more policies of public liability insurance are
obtained providing insurance coverage for legal liability of an
airport police officer for bodily injury, personal injury or damage
(including, but not limited to, false arrest and false
imprisonment) and property damage, and affording said airport
police officer insurance coverage against any and all legal
liability arising from, growing out of, or by reason of or in any
way connected with, any acts or omissions of said airport police
officer in the performance of his official duties, and so long as
the coverage aforesaid remains in full force and effect as to such
airport police officer, then the bond specified in section five, article seven of said chapter sixty-one shall not be required as to
such airport police officer; otherwise such bond shall be required
and must be furnished.

WVC 8-29B-6
§8-29B-6. Required security measures.
In addition to any and all other security measures which may
be required by an airport operator, and unless otherwise provided
by rules and regulations promulgated by such airport operator, at
least one airport police officer must be present prior to, at the
point of, and throughout the final passenger screening process
prior to the boarding of an aircraft at an airport (other than a
charter or commuter flight), and such police officer shall be
present continuously until all doors on such aircraft being boarded
are closed and such aircraft has taxied away from the boarding
area. An airport police officer shall have the same duty and
responsibility in the event such aircraft returns to the boarding
area prior to takeoff.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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